Residential Property: Leasehold Enfranchisement / Tribunal

Our Leasehold Enfranchisement Team are proud to be members of ALEP; (The Association of Leasehold Enfranchisement Practitioners); the professional body for practitioners in the residential leasehold sector and have long standing relationships with valuers and barristers with whom they work to ensure the best outcome for their clients.

The team has specific experience in relation to lease extensions, collective enfranchisement (purchase of freehold of blocks of flats), purchase of leasehold houses pursuant to the Leasehold Reform Act 1967, Right to Manage, Rights of First Refusal and Appointment of a Manager. They have particular experience in contentious enfranchisement matters, both before the Courts or Tribunal.

Examples of some of the recent work carried out by the Leasehold Enfranchisement/Tribunal Team.:

Acting for 10 lessees on their lease extensions in a block in St Johns Wood.

Acting for lessees in relation to Appointment of a Manager of a block of 4 flats in south east London.

Acting for lessees in a development of over 250 units offered the right of first refusal by their landlord.

If you are buying a property with a short lease they can advise you as to how to take an assignment of the lease extension claim on the sale of the property and work closely with the property team to meet deadlines for exchange and completion.

The team has significant experience in dealing not only with some of the major freeholders in the north west but also the major London estates; consultant solicitor Jane Canham lives and works in London and has over 15 years experience in this area.

Frequently Asked Questions

Do I need a valuation before serving a notice claiming a lease extension? If so who should I ask to do this?

Yes, you will need a valuation but as a first step you could use our lease extension calculator to get an idea of the likely premium so that you can decide whether to go ahead. When you are ready to instruct a valuer we can put you in touch with firms that work in your area or alternatively take a look on the ALEP website.

Will I need to go to the First Tier Tribunal?

We often have to make an application to the First Tier Tribunal in order to protect your position; if an application is not made within certain time limits your claim for a lease extension will be withdrawn and you will not be able to serve another notice for a further year. Usually, the parties reach agreement fairly swiftly after an application has been made as the costs of attending a tribunal hearing can negate any difference in premium between you. Sometimes the parties cannot agree on the terms of the new lease and have to ask the tribunal to determine them but that is rare.

The law in this area is going to change, should I wait before extending my lease?

That depends. No one knows what changes will be made to the current regime and it could still be a few years before any changes come into force. If your lease is coming up to 80 years unexpired don’t wait. Feel free to call us to discuss your individual circumstances.

I want to buy a flat but it has a short lease. Will I have to wait two years before I can extend it?

No, provided the seller qualifies for a lease extension they can serve the notice and assign it to you on completion of the sale. You then take over the process. Your solicitor will have to prepare the notice and arrange for it to be served so that all the seller will have to do is to sign it.

We want to buy our block of flats but not everyone wants to join in or can afford the premium. What can we do?

There are individuals or companies who will act as a White Knight and invest in the block. We can advise you as to your options.

What costs do we have to pay apart from premium?

If you are proceeding under the Act you must pay your landlord’s reasonable legal and valuation costs but not any costs in connection with the First Tier Tribunal. That is the same if you are extending your lease under the Act as well.

Testimonials

Find out what our clients think about us.

"Rhian Thomas provided an excellent service throughout the sale process and assisted beyond what I would expect the solicitor's role to be in a difficult purchase. Thank you."